Preamble. Comptroller's duty, Proviso. Duty of the Commissioners of the land office Town of Colden. erected. CHAP. 145. AN ACT for the Relief of Benjamin Allen and Others, settlers on the Stockbridge School Lot. Passed April 2, 1827. WHEREAS certain lands that did belong to the Stockbridge Indians, were leased at the request of said Indians by the state to John Gregg, junior, John Gregg, senior, and James Alexander, in fee, for the purpose of a school or schools for the education of Indian children in New Stockbridge aforesaid; and whereas the said lessees have subdivided and conveyed said lands to several individuals, agreeable to a survey made by Peleg Gifford in June eighteen hundred and twenty-four; and as the said pieces or parcels of land so subdivided are collectively liable to the rents that are now due or will become due thereon: Therefore, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the comptroller be and he is hereby authorised and directed to collect or receive from each of said individuals, their heirs or assigns, the said rent so due, and to become due, in proportion to the number of acres that each individual may so possess, agreeable to said survey made by said Peleg Gifford, in the same manner as though the said several pieces or parcels of land had originally been leased to each of the said individuals, his heirs or assigns severally, allowing each one of them towards the rents so due, the sums they may have severally paid thereon: Provided, There shall first be given to the people of this state a bond, to be approved by the comptroller, conditioned to indemnify the state for all damages and losses that may arise from so dividing said rents, and also to secure the payment of all sums now due for rents on the whole tract. 2. And be it further enacted, That whenever any of the said individuals, their heirs or assigns, shall pay into the treasury of this state a sum, the interest of which at five per cent would amount to the annual rent on the said piece or parcel of land by such individual so possessed, it shall be the duty of the commissioners of the land-office to execute to such individuals, their heirs or assigns, a conveyance in fee simple of such piece or parcel of land. CHAP. 146. AN ACT to divide the Town of Holland, in the County of Erie, into Two Towns. Passed April 2, 1827. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first Monday in April, in the year of our Lord, one thousand eight hundred and twenty-eight, all that part of the town of Holland, known and distinguished as township No. eight, in the sixth range of townships of the Holland land company, be and the same is hereby erected into a separate town by the name of Colden, and the first town meeting shall be held at the now dwelling-house of Leonard Cooper in said town, on the first Tuesday of April, in the year of our Lord one thousand eight hundred and twenty-eight. 2. And be it further enacted, That all that part of the town of Town of Hol Holland, known and distinguished as township No. eight, in the land. fifth range of townships of the Holland land company, be and the same is hereby erected into a separate town by the name of Holland, and the first town meeting shall be held at the now dwellinghouse of Richard Buffum, in said town, on the first Tuesday of April, in the year of our Lord one thousand eight hundred and twenty-eight. 3. And be it further enacted, That the annual town meetings in Town meetsaid towns of Colden and Holland, shall be held on the first Tues- ings. day of April, in each and every year; and that as soon as may be after the first town meetings in said towns, their supervisors and overseers of the poor, on notice being first given by the said supervisors for that purpose, shall meet together and divide the money and apportion the poor belonging to the town of Holland previous to the division thereof, agreeable to the last tax lists, and that each of said towns shall forever thereafter respectively support its own poor. CHAP. 147. AN ACT authorising Otis Stiles and Samuel Stiles to maintain and keep up a Dam across the Onondaga River. Passed April 2, 1827. 1. BE it enacted by the People of the State of New-York, repre- Erect a dam sented in Senate and Assembly, That it shall and may be lawful for Otis Stiles and Samuel Stiles, their heirs and assigns, to erect,maintain and keep up a dam across the Onondaga, or west branch of the Chenango river, in the town of Truxton, at or near the place where their mills now are, and that it shall not be necessary for them, their heirs or assigns, to make any canal or locks round such dam, nor shall they be liable to any indictment, or to any pains or penalties whatever, by reason of their neglecting to make any lock or canal round said dam, or any improvement in said stream. Use of the 2. And be it further enacted, That in case the people of this state shall at any time require or make use of the waters of the said waters. stream, for the purposes of internal improvement, the said Otis Stiles and Samuel Stiles, their heirs or assigns, shall not be entitled to any compensation for the same. 3. And be it further enacted, That it shall be lawful for the legislature, at any time to repeal, alter or amend this act. Right to re peal. Commission ers, Route. oath, CHAP. 148. AN ACT appointing Commissioners to lay out and establish a Passed April 2, 1827. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That John P. Patterson, of the county of Monroe, Otis Turner, of the county of Orleans, and Almon H. Millerd, of the county of Niagara, be, and they are hereby appointed commissioners to lay out and establish a road, four rods wide, leading from the village of Rochester, in the county of Monroe, on or near the banks of the Erie canal, through the villages of Ogden, Bates, Brockport, Holley, Fayetteville, Albion, Eagle Harbor, Knowlesville, Medina, Middleport and Port Royal, to Lockport, the seat of justice of Niagara county. To take an 2. And be it further enacted, That it shall be the duty of the said commissioners, before they proceed in the discharge of the trust aforesaid, to take and subscribe an oath or affirmation, before some proper officer, that they will well, faithfully and impartially, according to their respective abilities, discharge the said duties; and that when the said road shall be so laid out, it shall be the duty of the Map to be said commissioners to file a map, together with the field notes and survey of said road, by them or a majority of them subscribed, in each of the county clerks' offices of the counties of Monroe, Orleans and Niagara; and also a map, survey and field notes of said road, subscribed as aforesaid, in the several towns through which the said road shall be laid, in the town clerks' offices of the said several towns. filed. Read when 3. And be it further enacted, That when the said road shall be to be opened. laid, as aforesaid, and the map, field notes and survey shall be filed in the town clerks' office of the several towns through which the said road shall be laid out, it shall be the duty of the commissioners of highways of the several towns through which the said road shall be so laid, to cause the same to be opened and worked, the same as if such road had been laid out by the commissioners of highways of the respective towns. Damages, ers. 4. And be it further enacted, That if any person or persons shall sustain any damages, by reason of the laying out of such road through any improved or cultivated lands, the same shall be ascertained, assessed, collected and paid, in the same manner as if such road had been laid out by the commissiouers of highways of the town in which such damage may occur. Pay of the 5. And be it further enacted, That the said commissioners for commission their services aforesaid, shall be allowed for each and every day they shall necessarily be employed in the discharge of the duties required of them by this act, two dollars, and the expenses incident to the laying out and establishing said road shall be certified by the said commissioners, and equally levied, collected and paid in the several counties of Monroe, Orleans and Niagara, in the same manner as other contingent expenses are in the said counties levied, collected and paid. CHAP. 149. AN ACT to incorporate the Trustees of the Harlaem School, in the twelfth Ward of the City of New-York. Passed April 2, 1827. created. Name. 1. BE it enacted by the People of the State of New-York, repre- Corporation sented in Senate and Assembly, That John Randall, John Moore, Obadiah Sands, Cornelius C. Vermeule, John Doughty, Andrew McGown, and John Adriance, and their associates, of Harlaem, in the twelfth ward of the city of New-York, are hereby constituted and declared to be a body corporate and politic, by the name of "the trustees of Harlaem school," and by that name, they and their successors may for ever after have perpetual succession, and shall and may by that name be persons capable in law of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and shall be in law capable of receiving, purchasing, holding and possessing any estate, real or personal, and at pleasure may sell and dispose of the same, for the use of the said corporation: Pro- Proviso vided, That such real estate shall not exceed in value the sum of ten thousand dollars. 2. And be it further enacted, That the said seven persons First trustees named in the first section of this act, shall be the first trustees of the said school, and shall continue in office until the first Monday in October next, and until others shall be chosen in their places; and that an election for trustees shall be holden on the first Monday in October, in each and every year, in the village of Harlaem, in the said twelfth ward, where the said school shall be located, at such hour of the day as the trustees for the time being, who shall be inspectors of the election, shall appoint, of which election they shall give written notice, at least five days previous thereto, by putting up the same in three of the most public places, in said village; and the trustees so to be elected shall be then and there chosen by a majority of the votes of the freeholders and inhabitants within the school district who shall vote at such election, and shall continue to act as trustees until others shall be chosen in their places: and the trustees shall once in every month visit the school, to examine into the state of it, and to transact such business as may be requisite: And further, That the number of trustees shall for ever hereafter be seven; and in case the place of any of the trustees shall become vacant, by death, resignation or removal from the school district intermediate the period of elections, such vacancy shall be filled by the vote of the majority of the remaining trustees. 3. And be it further enacted, That the trustees appointed in and by virtue of an act of the legislature, entitled "an act relative to the common lands of the freeholders and inhabitants of Harlaem," passed March 28th, 1820, are hereby directed to pay to the trustees of the Harlaem school, the sum of four thousand dollars, which in and by the said act was directed to be paid to the trustees of such school as might be established in the village of Harlaem, together with such interest as has accrued or may accrue thereon. Four thotr sand dollars to be paid to trustees. By laws. 4. And be it further enacted, That the said trustees, and their successors, are hereby authorised and empowered, from time to time, to make, ordain and establish such prudent rules, by-laws and regulations as a majority of them shall judge necessary and advisable, for securing to the corporation its funds, property and effects, and for increasing the same, and for the well ordering, regulating and governing the said school in such manner as will best promote the interest and utility thereof. D. Brooks dock. CHAP. 150. AN ACT to enable the owners of Lands on the Shores of the Passed April 2, 1827. 1. BE it enacted by the People of the State of New-York, repremay build a sented in Senate and Assembly, That it shall and may be lawful for David Brooks, his heirs and assigns, to build and erect a dock and store-house in the Seneca lake, adjoining the lands now owned by said Brooks, known by the name of McKnight's Point, in the town of Romulus, in the county of Seneca. Owners of adjacent land may &c. Proviso. 2. And be it further enacted, That it shall and may be lawful for any person owning lands adjoining the Cayuga, Seneca or Chautauerect docks, que lakes, to erect any wharf or wharves, store-house or store-houses, upon any land covered by the water of such lakes, adjacent to, and bounding upon the land of such owners; and to use, occupy and enjoy the same, as if conveyed by the commissioners of the landoffice, pursuant to an act passed February 6th, 1824: Provided, That nothing in this act shall be so construed as to authorise any person to erect a wharf at the termination of any highway, so as to obstruct the passage of ferry-boats or any other water craft: And provided further, That before any person or persons shall be authorised to erect any wharf or store-house in Chautauque lake, such person or persons shall first apply to, and obtain the consent and order of the court of common pleas of said county, which consent and order shall not be granted until the applicant or applicants shall first give at least three weeks notice of such intended application, by publishing a notice in one of the newspapers printed in said county; and when such order and consent shall be obtained, it shall forthwith be filed in the clerk's office of the county of Chautauque. Further pro viso. |